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The appearance of the tragic story of a 14-year-old with cerebral palsy who died in a nursing home Miami the year past is to issue a very strong focus on the dispute between regulators health state of Florida and the US Department of Justice on unnecessary “warehousing hundreds of children with disabilities” in nursing homes.
Regarding the Associated Press said in a September report, federal researchers – after visiting a half dozen large nursing homes throughout the state of Florida – they found ” many children who do not need to be there and would benefit from a move with their families or other community settings. ”
According to a letter written by the Department of Justice to the Attorney General of Florida, the state’s system card has not only adopted a “systemic policy that forces families to institutionalize their loved ones “, but has led to” unnecessary segregation and isolation of children, often for many years, at the premises of the nursing home. “
As reported by the Miami Herald, state regulators have long maintained that parents of children with disabilities have a “choice” about where their children live and receive care.
However, as the story of Marie Freyre makes headlines across the country this week, a shocking picture of forced institutionalization and “callous bureaucracy” at the expense of the welfare of a child it has made this serious question, the newspaper notes.
On April 27, 2011, 14 years old, Marie died after suffering a cardiac arrest in a nursing home in Miami -. Five hours away from his mother and home Tampa
Just 12 hours before his death, the boy, who had cerebral palsy and suffered from convulsions that threaten life, had been taken by force from his mother, Doris Freyre, reportedly had asked state authorities and health workers not to take Marie away from her, ABC reported.
“I began to mourn because I knew it would be too much for my daughter on that trip,” Freyre told the news network. “There was no doctor there to greet her, only nurses. They did not send a report on how to give food or medicine. They did not give her food or water until late at night. My family has been destroyed.”
According to the Miami Herald, which largely has reported on the story of Marie, Freyre – after what has been described as a “failed” and inadequate research – had been deemed unfit Marie to care for Florida child welfare officials in March 2011.
However, as the newspaper, Freyre, who has six herniated discs and carpal tunnel syndrome in both wrists, then had dedicated 14 years of his life to caring for pointing his daughter “profoundly disabled”.
Freyre had not only learned to communicate with her son (who could not speak), but he also knew how to keep hydrated, medicated and healthy. Records obtained by the Herald show that the girl, in the few years before his death, had not suffered a single attack.
In any case, Marie was taken from his mother and placed in a Tampa hospital under the care of the state. On 30 March, Hillsborough Circuit Judge ignored his case.
At the hearing, the judge Vivian Corvo Marie signed an order be returned to his mother immediately. She determined Freyre being a caregiver dedicated and capable, but said it would benefit from having more help around the house.
Corvo even said that Freyre must be given access to twenty-four hour nursing care at home and the child welfare administrators aimed to help the mother get help needed to Marie. But as ABC News points out, officials of health care state “refused to pay for care at home, even though it costs less than institutionalizing it. Other organizations and health officials either did not communicate with each yes or court is ignored. “
the girl ended up staying at Tampa General Hospital for 29 days. Peter Brudny, Freyre’s lawyer, told The Huffington Post that at that time, she was not only received insufficient and prevented from going outdoors care, also lost 30 percent of their body weight from malnutrition.
Finally, at the end of April, ignoring a court order to Corvo, child welfare workers permitted the carriage of Marie to a nursing home in Miami.
According to Brudny a medical malpractice lawyer who has been working in the case of Freyre since the death of Marie, the girl was not only accompanied on his way to the residence elders, but he was not given food, water or medication during the five -hour ride there.
“Marie had two dislocated hips so he could not lie prone without having to endure considerable pain,” he told HuffPost Brudny. “She also had to take two types of seizure medication three times a day.” Without the medication, the lawyer, doctors had warned that Marie was in danger of death said.
Still, it was not only Marie tied up in the ambulance, Brudny told HuffPost that the child was finally deprived of his medication for more than half a day. As the Miami Herald points out, reportedly, the girl came to the nursing home “shouting” on the afternoon of day 26.
About 12 hours later, Marie died of a heart attack.
Following the sudden death of Marie, both the Tampa hospital and nursing home in Miami (then called Care Center Club of Florida and is now called Golden Glades Nursing and Rehabilitation) were investigated.
“We are in immediate danger at both facilities,” said Shelisha Coleman, spokesman for the Florida Agency for Care Administration Health, according to ABC News. “The results of immediate danger lead to the highest penalty under federal survey program.”
(according to a previous report by the Naples Daily News, State inspectors issued a dozen findings “immediate danger” against Florida hospitals between 2009 and 2011.)
General Tampa reportedly quoted by “discharge planning” and a fine of $ 5,000; while Florida Club was quoted “with 84 pages of violations including negligence, pharmaceutical services and ‘responsibilities medical director'” , reports ABC News.
civil rights lawyers are asking the State to allow a federal judge to oversee the Medicaid program in Florida, which ensures the needy and disabled. worth as much as $ 506 a day to put a child, as Marie in a nursing home, but he refuses to cover minor or similar care in the home amounts.
However, last Friday, state health regulators reportedly wrote his last letter to the Department of Justice in response to a deadline. The state, he wrote, “is not in violation of any federal law” and can not “agree with the demand … that a federal court take over the management of the provision of Medicaid in Florida. ”
Meanwhile, Brudny said he is working on a federal lawsuit on behalf of Freyre based on the Department of Children and Families, as well as other agencies involved in the care of Marie, violated the civil rights of the mother.
“Obviously, there was medical negligence here in all areas that led to the death of Marie Freyre,” he told HuffPost Brudny. “But there are violations of civil rights here too. This is one of the worst cases I’ve seen in my life.”
Although Marie had survived, Brudny added, there is a possibility that since Freyre was not fully informed of their options and could not have given adequate legal representation, the child might have been ‘ Miami stored for months … maybe even forever. “
” This would have been another minor illegally put in a nursing home instead of brought home with her beloved family simply because Medicaid was not paying enough, “Brudny said. “People do not realize how much power the government has to take children with disabilities [from their families].”
What you need Florida, Brudny says, is an interdisciplinary office that will oversee cases like Marie, putting families – rather than profit -. First
As Freyre, she says she just wants answers.
“You took her to Miami and she died … I want the truth of this to come out. I want justice,” Freyre said at a hearing on May 9, 2011, as the Herald.